Proposed Regulations

Notice of Rescheduled Hearing

The Kansas Department of Health and Environment (KDHE) recently cancelled the public hearing scheduled for August 22, 2018 for the proposed new regulation, K.A.R. 28-4-95, Fee for fingerprint-based background checks.  The Notice of Cancellation was published in the Kansas Register of July 26, 2018.  KDHE is pleased to announce that the public hearing has been rescheduled and that the proposed regulation is now available for public comment.

The proposed regulation is needed to meet the comprehensive fingerprint-based background check requirements of the federal Child Care and Development Block Grant Act of 2014 and to comply with the provisions of 2018 HB 2639, amending K.S.A. 65-516.

The federal block grant reauthorization final rules (45 CFR Part 98) identify background checks, including fingerprint-based checks, as a key element in improving the safety of children in child care settings.  HB 2639 authorizes KDHE to create a fee fund to receive and disperse fees for fingerprint-based background checks for those individuals required by the federal rule to have a fingerprint-based check.  The bill also requires KDHE to adopt rules and regulations to fix a fee to reimburse KDHE for the costs.

The proposed regulation will require applicants and licensees to submit to KDHE a non-refundable fee for each individual who is required to complete a fingerprint-based background check.  The fingerprinting will be completed for each individual initially and once every five years thereafter.  The cost for each individual will be $48 based on the actual costs to KDHE.

The proposed regulation is available for public comment.  Interested individuals may submit written comments by email, letter or fax to the contact person listed below.  All written comments must be received by prior to 5:00 p.m. Tuesday, October 16, 2018.  In addition, a public hearing will be held at 10:00 a.m., October 16, 2018 in Room 530, Curtis State Office Building, 1000 SW Jackson, Topeka KS., to receive written and verbal comments.

Mary Murphy,
Kansas Department of Health and Environment
1000 SW Jackson St., Suite 200
Topeka, KS 66612-1274
Phone: 785-296-1270
Fax:  785-559-4244